Louisiana Divorce Records

Per data published by the CDC's National Center for Health Statistics, Louisiana has a divorce rate of 0.9 divorces per 1,000 Louisianans - one of the lowest divorce rates in the United States (for comparison, the national divorce rate is 2.4 divorces per 1,000 total population).

Louisiana law allows for both fault-based and no-fault divorces. A no-fault divorce does not require either spouse to prove wrongdoing; instead, the couple must live separate and apart continuously for a specified period (determined by whether they have children or not) before filing for divorce. On the other hand, a fault-based divorce requires one spouse to prove that the other engaged in misconduct that led to the marriage's failure, such as adultery or abuse.

The average cost of a divorce in Louisiana is $10,200, higher than the national average of $9,969. However, actual costs are generally determined by several factors, such as attorney fees, court costs, whether the divorce is being contested, and the complexity of the case. Contested divorces, particularly those involving disputes over community property, alimony, and child custody, tend to be more expensive than uncontested divorces, where both parties agree on all terms.

Are Divorce Records Public in Louisiana?

Divorce records are generally considered public records under the Louisiana Public Records Law (as outlined in Louisiana Revised Statutes Sections 44:1 - 44:41), meaning that they can typically be accessed, examined, and copied by the general public. However, state law also provides for the confidentiality of certain information within divorce records and restricts this information from public disclosure. This restricted information includes details like social security numbers and other financial account information, information about minor children and abuse victims, and records sealed under a court order.

What Is Included in Louisiana Divorce Records?

Louisiana divorce records consist of various documents created or filed in connection with divorce proceedings in the state (officially referred to as a Suit for Divorce). These records are maintained locally by the Clerk of Court in the parish where the suit for divorce was filed and are generally grouped into two main categories:

• Judgments of Divorce: This is the official court decree that grants the divorce, ending the marriage. These documents typically include key details about the divorce, such as the names of the divorcing parties, the date the divorce was granted, and the terms of the divorce, including the division of community property, alimony (if awarded), child custody arrangements, and child support obligations. Judgments of divorce are commonly referred to as "divorce decrees".
• Divorce Case Files: These are the official court files containing all documents/records related to a specific divorce case. These records include the divorce petition, the summons and complaint, the response/answer, temporary orders, settlement agreements, and the final judgment of divorce (the divorce decree). Be aware that access to certain records/information within the case file may be restricted to the parties involved, their legal representatives, and other authorized individuals.

How Do I Find Louisiana Divorce Records?

Louisiana divorce records are maintained by the Clerk of Court in the parish where the divorce was filed, and certified copies of these records may be obtained by contacting the relevant Clerk of Court's office and following their specific procedures. Common reasons for requesting certified copies of Louisiana divorce records include:

• Providing legal proof of a divorce (especially for remarriage)
• Facilitating name changes and updating legal documents
• Updating marital status for insurance, social security, and financial institutions
• Modifying or enforcing orders related to child custody, support, and visitation
• Accessing certain government and non-government benefits or claims

Look Up Louisiana Divorce Certificate

Louisiana does not issue state-level divorce certificates or any other types of divorce records in the same way some other states do. Instead, official divorce records are created and maintained locally by the court of jurisdiction in the parish where the divorce was finalized and may be accessed through the parish's Clerk of Court's office.

Look Up Louisiana Divorce Decree

Copies of a Louisiana judgment of divorce (divorce decree) may be accessed through the Clerk of Court in the parish where the divorce was finalized. This process generally involves the following steps:

• Determine the specific parish where the divorce was granted and identify the Clerk of Court for that parish.
• Contact the Clerk of Court's office.
• Submit a formal request for the divorce record. You will typically need to provide the case name (names of the divorcing parties), the approximate date of the divorce, and a suit number, where available. You may need to complete a court-specific request form, which may be submitted in person or via mail; some counties also offer online portals for completing and submitting record requests.
• Pay the stipulated fees. This is usually about $1 per page for uncertified copies and $10 for certified copies; however, actual fees may vary by parish.

Look Up Louisiana Divorce Court Records

You may access copies of Louisiana divorce court records (documents contained within a case file, such as the divorce petition, response, temporary orders, and even the divorce decree) by submitting a request to the Clerk of Court in the parish where the divorce proceedings were held. You will typically need to submit an official request for the required records (and provide pertinent information on the record, such as the names of the parties involved and a suit number) and pay any stipulated fees. Be aware that some records within the case file may be restricted from public disclosure.

Many parishes in Louisiana also provide online portals that interested parties may use to search for records of divorces filed in their respective jurisdictions. Additionally, the Louisiana Clerks of Court Association offers the eClerks LA platform, which allows users to conduct statewide searches for certain divorce records. Note that you will need to create a user account (at no cost) to access the platform's full features, and certain services may also require a paid subscription.

Can You Seal Divorce Records in Louisiana?

Divorce records in Louisiana may be sealed by court order upon the request of any of the parties involved in the divorce. The primary reasons for requesting a divorce record sealing are to protect the privacy and safety of the parties involved (particularly in cases involving allegations of domestic violence or abuse), to shield the identities of minor children, or to prevent the disclosure of personal or proprietary information.

The process for getting a divorce record sealed in Louisiana involves filing a motion with the court that handled the divorce proceedings. The motion should clearly state the reasons for the sealing request and provide sufficient justification and supporting documentation to back up the request. The court will review the motion and may hold a hearing to consider the arguments for and against sealing the records, balancing the need for the petitioner's privacy against the public's right to access court records. If the court finds compelling reasons to seal the records, it will issue an order restricting public access. Note that, generally, courts are more likely to seal only the specific documents or portions of the record containing sensitive information rather than sealing the entire divorce case file.

How Long Does a Divorce Take in Louisiana?

The overall timeline for a divorce in Louisiana varies depending on the grounds for the divorce and whether the divorce is contested or uncontested. Per Article 102 of the Louisiana Civil Code, no-fault divorces cannot be granted unless the couple proves that the required separation period has passed. This separation period, which is outlined in Article 103.1 of the state's Civil Code, depends on whether the couple has minor children - at least 180 days for couples without children and 365 days for couples with children. However, fault-based divorces, such as those involving adultery or physical abuse, do not have this waiting period.

To this end, if the divorce is uncontested, legal proceedings can typically be finalized relatively quickly once the required separation period has been met (where applicable) and the necessary paperwork has been filed and processed. On the other hand, contested divorces typically take longer, especially if it's a fault-based divorce (where the fault needs to be proven in court) and complex issues like community property division, alimony, or child custody are being disputed.

Does Louisiana Require Separation Before Divorce?

Yes, Louisiana requires a separation period, but only for no-fault divorces. The required separation time depends on whether the couple has minor children: 180 days if the spouses do not have any minor children or 365 days if the spouses have minor children. This separation period must be continuous, meaning the spouses must live apart without reconciliation (for the specified period) before filing for divorce. Note that there is no mandatory separation for fault-based divorces.

How Are Assets Split in a Louisiana Divorce?

Louisiana is a community property state. Under state law, any asset obtained during a marriage through the efforts, skills, or labor of either spouse (community property) is considered equally owned by both spouses.

Louisiana law requires courts to divide community property and debts fairly between spouses so that each party receives an equal net value of assets. This does not always mean a 50/50 split of each item; instead, the court considers various factors when distributing assets, such as the nature and source of the asset, each spouse's economic situation, and any other relevant circumstances affecting fairness. If the overall division results in one spouse receiving more or less than an equal share, the court may order a payment to balance the distribution. Likewise, in cases where splitting an asset isn't practical or fair, the court may have the spouses draw lots to determine who gets the asset or order a private sale of the asset, allowing both spouses to receive a fair portion of its value.

Who Gets Custody of a Child in Divorce in Louisiana?

Historically, Louisiana courts often favored mothers as primary custodians, largely due to societal biases and legal principles like the "tender years doctrine" that promoted the idea that mothers were naturally better suited to care for children during their early years. However, modern Louisiana law requires courts to evaluate both parents equally without presuming one is more suitable than the other. To this end, child custody decisions in the state are primarily guided by the best interests of the child, as outlined in Articles 131 - 137 of the Louisiana Civil Code.

Louisiana recognizes two types of custody: Legal Custody and Physical Custody. Legal custody grants a parent the authority to make significant decisions regarding the child's upbringing, including matters related to education, healthcare, and religious practices, while physical custody determines where the child resides and assigns daily caregiving responsibilities to the designated parent. Custody may either be joint, shared, split, or sole:

• Joint Custody: Here, both parents share legal custody and decision-making responsibilities; however, physical custody is not always equal. If an equal split is not feasible, one parent is designated as the domiciliary parent, meaning the child primarily resides with them.
• Shared Custody: Here, both parents have equal legal and physical custody, meaning the child spends an equal amount of time with each. If necessary, one parent may still be designated as the domiciliary parent to help manage decision-making.
• Split Custody: Here, different children in the same family have separate custody arrangements with each parent. This can happen when one parent is better suited to meet a particular child's needs, such as in cases involving disabilities or special circumstances.
• Sole Custody: Here, one parent has full legal and physical custody, with no obligation to share decision-making authority. The other parent may or may not have visitation rights, depending on what serves the child's best interests.

While Louisiana generally promotes joint custody whenever possible, fathers may still face challenges in securing equal parenting time. Studies suggest that fathers in the state receive approximately 25.4% parenting time annually, less than the national average of 35%.